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1. The defendant shall set forth 4,500,000 won to the Selection C, 11,700,000 won to the Selection D, and 9,900,000 won to the Selection E.
Reasons
1. Facts of recognition;
A. On May 27, 2014, the Plaintiff (Appointeds) and the designated parties respectively leased money (as KRW 4,500,000, KRW 11,700,000, KRW 9,900,000, KRW 9,900, and KRW 9,720,000, KRW 5,400,000 to the Defendant upon receipt of the “certificate of non-issuance of stocks and certificates of stock certificates,” which was prepared by the Defendant’s representative director and sealed by the Defendant, and the Defendant’s letter of commitment, respectively.
B. The Plaintiff (Appointed Party) and the appointed parties stated that 200% free of charge should be increased in a letter of undertaking that the Defendant received from the Defendant, and that the exercise period is possible after May 30, 2016, and that 11 times at the time of the exercise of the right is re-purchaseed.
C. Although the Plaintiff (Appointed) and the designated parties asserted to the Defendant the exercise of their rights as stated in the above commitment, the Defendant asserted that the agreement stated in the above commitment is invalid as an agreement contrary to the mandatory law, and did not pay the amount of money promised.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including each number), the purport of the whole pleadings
2. According to the facts of the above recognition, it is reasonable to view that the Defendant received the amount by deceiving the Plaintiff (Appointed Party) and the designated parties by preparing and delivering a letter of undertaking as if he would repay the amount even if he/she borrowed the amount from the Plaintiff (Appointed Party) and the appointed parties, and thus, the Defendant received the amount equivalent to the loan amount (the amount equivalent to KRW 4,50,000, KRW 11,700,000, KRW 9,0000, KRW 9,720,000, KRW 9,720,000, KRW 5,400,000, and KRW 5,400,000, and KRW 5,000,000, as the Plaintiff’s request, from June 1, 2016 to October 21, 2016, the amount equivalent to the annual amount of damages from the date of the instant complaint served on the Defendant by the date of complete payment.